Disposed

Bastin K.S. v. Excise Inspector

Kerala HC1 Jun 2023Crl.MC/1091/2016

Case brief

AI extract

What is this about?

Criminal Misc. Case filed challenging a high court of kerala order dismissing vehicle release petition under section 451 of criminal procedure code court held that proceedings are over petitioner may approach appropriate remedies for non release but confiscation remains open

What did the court decide?

The application under Section 451 Cr.P.C is dismissed as main proceedings are concluded, but the order does not preclude future confiscation proceedings.

Bastin K.S. Vs Excise Inspector — Kerala HC (2023) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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THURSDAY, THE 1^ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945

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CRL.MC NO. 1091 OF 2016

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AGAINST THE ORDER/JUDGMENTCRMP 2240/2015 OF JUDL. FIRST CLASS MAGISTRATE COURT, III, NORTH PARAVUR (TEMPORARY)

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PETITIONER/ACCUSED:

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BASTIN K.S.

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S/O.SEBASTIAN, KALATHIPARAMBIL HOUSE, NEERIKKODE,ALANGAD P.O., ALUVA, ERNAKULAM DISTRICT.

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BY ADV SRI.T.P.SANTHOSHKUMAR

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RESPONDENTS/COMPLAINANT:

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1 EXCISE INSPECTOR EXCISE RANGE OFFICE, VARAPUZHA, ERNAKULAM.

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2 THE STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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OTHER PRESENT:

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ADV SEETHA S-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No. 1091 of 2016

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ORDER

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This Crl.M.C is filed challenging Annexure-A4 order passed by the Judicial Magistrate of First Class-III, North Paravur by which the application submitted by the petitioner under Section 451 of Cr.P.C to release the vehicle bearing registration No. KL41 J 9923 was dismissed . The seizure of the vehicle was in connection with the Crime No. 4/2015 of the Excise Range Office, Varappuzha.

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Today when the matter came up for consideration, the learned Public Prosecutor upon instructions submitted that, the criminal proceeding in Crime No.4/2015 is no longer pending as the petitioner/accused pleaded guilty on 28.02.2023. Thereupon he was sentenced to pay a fine of Rs.10,000/-

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In view of the fact that, the main proceedings is already over, there is no scope for an order under Section 451 of Cr.P.C. If at all the vehicle which is the subject matter of Annexure A4 order is not released, it shall be open for the petitioner to invoke the appropriate remedies in view of the fact that the

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Crl.M.C No. 1091 of 2016

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proceedings in the prosecution is already completed. It is further clarified that, nothing in this order would preclude the authorities concerned from initiating or continuing the confiscation proceedings, if any, of the vehicle.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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rpk

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Crl.M.C No. 1091 of 2016

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APPENDIX OF CRL.MC 1091/2016

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PETITIONER ANNEXURES

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ANNEXURE-1: TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CRIME NO.4/2015.

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ANNEXURE-2: TRUE COPY OF THE REMAND REPORT IN CRIME NO.4/2015.

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ANNEXURE-3: TRUE COPY OF THE CMP NO.4/2015 BEFORE THE JFCM COURT-III, NORTH PARAVUR.

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ANNEXURE-4: TRUE COPY OF THE ORDER DATED 09.11.2015 IN CMP.NO.4/2015.

Bastin K.S. v. Excise Inspector

Case brief

What is this about?

What did the court decide?

Bastin K.S. v. Excise Inspector

Case brief

What is this about?

What did the court decide?

What the court decided

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